Attorneys for the Indianapolis doctor who provided an abortion for a 10-year-old rape victim have taken the “first step” towards filing defamation proceedings against Indiana Attorney General Todd Rokita.
Dr Caitlin Bernard attorneys said in a statement shared with reporters on Tuesday that she had suffered harm as a result of “false and misleading” statements by Mr Rokita and other public officials.
“Dr Bernard recently came under attack by various media outlets and public figures after the Indianapolis Star reported that she provided medical and reproductive care for a 10-year-old child abuse victim days after the groundbreaking Supreme Court decision to overturn Roe v Wade,” the letter from attorney Kathleen Delaney states.
“To the extent that these statements exceed the general scope of Mr. Rokita’s authority as Indiana’s Attorney General, the statement forms the basis of an actionable defamation claim against Mr Rokita individually.”
Dr Bernard provided care to the young girl a week after Ohio officials outlawed abortion care at roughly six weeks of pregnancy with no exception for pregnancies from rape or incest.
After casting doubt about the veracity of the case, Republican officials and right-wing media pivoted to attacking Dr Bernard’s legitimacy and baselessly accused her of failing to notify law enforcement about the case.
Mr Rokita dismissed Dr Bernard as an “abortion activist acting as a doctor” during an appearance on Fox News last week.
He went on to allege, without evidence, that “from what we can find out so far, this Indiana abortion doctor has covered this up,” and said he had begun a criminal investigation into her actions.
In an interview with NPR, Ms Delaney said they wanted Mr Rokita to “stop intimidating and harassing healthcare providers”.
“He is wrongly accusing her of misconduct in her profession, so we want that smear campaign to stop,” she said.
The filing on Tuesday triggers a 90-day investigative period during which the state can settle the claim, after which a lawsuit can be filed.
On 13 July, 27-year-old Gerson Fuentes was charged with raping the girl. Police in Columbus, Ohio, were alerted to a referral from Franklin County Children Services made by the girl’s mother on 22 June, according to testimony during Fuentes’ arraignment. On June 30, the girl received an abortion in Indianapolis, Indiana.
